Supreme Court: Yes, Religious Freedom IS America
Family Policy Alliance applauds the U.S. Supreme Court's rulings
in Our Lady of Guadalupe School v. Morrissey-Berru and Little Sisters
of the Poor. Both cases dealt with the freedom of religious
institutions to follow their convictions, and in both cases the Court
dealt strong rulings in support of religious freedom. The two cases
asked can courts interfere with the employment decisions of religious
institutions and can the Affordable Care Act (Obamacare) force
religious employers to cover contraceptives in their health plans? In
both cases, the answer was a resounding "no."
Here are our takeaways.
1. Religious institutions, such as faith-based schools, are protected
from court interference in their employment decisions.
Our Lady of Guadalupe centered around a Catholic school that simply
made an employment decision about one of its teachers - and got
sued for it. The case asked whether the First Amendment prevents
courts from interfering in situations like the one faced by the
Catholic school. Yesterday, the Court took a stand on the side of
freedom for religious institutions.
Courts have often recognized the freedom churches have when they make
employment decisions, particularly about those positions that include
teaching or more public aspects to them. It's a concept known
as the "ministerial exception," that ensures religious
institutions are free from court interference in their
constitutionally protected operations. As yesterday's majority
opinion described the exception:
"Without that power, a wayward minister's preaching,
teaching, and counseling could contradict the church's tenets
and lead the congregation away from the faith. The ministerial
exception was recognized to preserve a church's independent
authority in such matters."
Yesterday the Court extended that exception to apply when a
religious institution makes employment decisions about staff who
may not be labeled as "ministers" but who are otherwise
involved in teaching or sharing the faith. In the case of the Catholic
school, it affirms their freedom to make employment decisions about
their teachers, who are vital to sharing the faith in the
school's ministry.
The Court explained the importance of this ruling as it relates to
schools:
"When a school with a religious mission entrusts a teacher with
the responsibility of educating and forming students in the faith,
judicial intervention into disputes between the school and the teacher
threatens the school's independence in a way that the First
Amendment does not allow."
This is a major win for the First Amendment freedoms of religious
institutions!
2. The government can't force employers to cover contraception
on their health plans when they have a religious or moral objection to
it.
The Little Sisters of the Poor are an order of nuns, who take a vow of
chastity, who serve the elderly poor, and who believe in the inherent
worth and dignity of all human life. Under Obamacare, the nuns would
have been forced to pay for contraceptives in deep violation of their
beliefs. When faced with the decision to pay a steep fine or
compromise their beliefs, the nuns sued over the Obamacare regulations. The
Court ruled in their favor twice and required the Obama administration
to find a solution that recognized the nuns' religious beliefs.
The Obama administration failed to do so.
When President Trump came to office, his administration quickly used a
regulation to temporarily solve the problem the Little Sisters faced
under Obamacare. However, some left-leaning leaders couldn't let
the nuns have any peace, and tried to block the Trump
Administration's regulation.
Yesterday, the Supreme Court hopefully settled the nun's case
once and for all by affirming the Trump administration's
regulation protecting religious freedom for the Little Sisters.
Because of yesterday's ruling, people will not be forced to pay
for contraception against their moral or religious convictions.
Once again, it's a huge win for Constitutionally-protected
religious freedom. And it affirms that President Trump is thoroughly
pro-American. After all, America ceases to be America without
religious freedom - and the Trump administration understands
that.
After mixed news from the Court the last few weeks, we are grateful
for the good news yesterday!
Praising God,
Meridian Baldacci
Policy and Communications Strategist
Brittany Jones
Policy Manager
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